Wichita eagle., 1887-03-08
WOMAN AND MARRIAGE IN KANSAS

From the Atchison Champion,
The supreme court has rendered de-
cisiOn in the case of Edwin G. Walker and
Lillian Hartman, who contracted what they
called an "autonomistic" marriage in jeff
erson county; in other words, they married
themselves. and were sentenced to i'm
son county, Walker for seventy five days
and Lillian Hartman for forty five. From
stubbornness or inability they have failed
to pay the costs, and are still confined in
Jail.
The supreme court affirms the decision
of the court below, deciding, in the princi-
pal opinion, written by Associate Justice
johnson, that the legislature may and does
prescribe in this state how marriages shall
he solemnized, and persons who disregard
the statutory provisions deserve punish
ment
Chief Justice Horton, in concurring
opinions, calls attention to the fact that q
marriage license in Kansas costs but s.
and that the man who undertakes to get
married without license or witness. is q
mean creatue, who intends to swindle and
betray the woman: Kansas law does not
throw any burdensome or oppressive regu
lations around marriage. No Intervention
of person in "Holy Orders" is necassery.
The law is satisfied if the parties presen,
the license to probate judge or justice of
the peace with the request that he take
cognizance of the mutual agreement. The
woman may retain her own name after
her marriage if it is any satisfaction to her.
The chief justice cannot under the circum-
stances conceal his disgust for Edwin and
Lillian for making such senseless kick
and getting themselves into Jail, and ex-
presses the hope that they will be further
punished if they persist in living together,
without ''squaring" themselves which they
can do by the expenditure Of So and five
minutes time.
Iu connection with the general subject
of the rights and privileges of women in
Kansas, Judge Horton gives the following
summary which Kansas women should
paste in their bonnets:
The constitution and statutes of Kansas
are very liberal in recognizing the
rights and privileges of women. Under
our law. marriage involves neither the as
sumption of Indebtedness. nor the acquisi-
ton of property; married woman may
contract and be contracted with concerning
her separate real and personal property,
sell, convey and cucumber the same, sue
and be sued with reference thereto, and in
the same manner. and to the same extent,
and with like effet and as freely as any
other person may, in regard to his or her
real or personal property; she may perform
labor and services on her sole and separate
account, and make the earnings therefrom
her sole and separate property; she has the
same control of her person and her proper
=. as her husband: she has the same right
as to the nurture, education, and control OF
her children, aud, also, the same rights in
the possession of the homestead.
She may participate in all city elections.
attend caucuses, nominate candidates. and.
under a late law, vote for such persons or
principles as her Judgment dictates. In
fact. in Kansas a woman in nearly all mat
tiers is accorded civil equality with men;
she is not his servant or his slave. 10 this
state the sexes may harmonic in opinion
and co-operat. in effort: here woman is nc
longer subordinate to man. but the two are
coordinate together; here the bur
den of common prejudice. and com
mon ignorance against woman has
been wholly removed; here the tyranny
| which degrades and brushes the wives and
| mothers in other countries, no Longer
exists; the coveted rewards of life. forever
| forbidden them in some Of the states. ARE
| here within their reach: here fair field fol
their genius and industry is open, AT
womanhood with the appreciation OF all
may assert its ,iivinely chartered rights snf
fulfill its noblest duties.